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Injunction on use of similar labels, prima facie injunction of Patent Claims and more…

Officer’s Choice Trademark, Zinking Patent and Baoji Footwear Cases

This post highlights recent decisions by the High Court of Delhi and Himachal Pradesh on intellectual property rights, focusing on trademark and patent infringement cases. The cases involve disputes over whisky label similarities, fertilizer patent claims, and the contentious use of a registered trademark. Care Notes Officer's Choice Vs. Peace Maker Prestige Whisky: The Delhi High Court injuncts the use of a similar label. In a case involving the labels of Officer's Choice and Peace Maker for whisky, the Delhi High…
January 22, 2024 Case Reviews, Intellectual Property, Patents, Trademarks 0Comment 312Views 0Like
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Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court

Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High  Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…
January 10, 2024 Case Reviews, Intellectual Property, Patents 0Comment 373Views 0Like
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Trademark Value - NYKAA, A to Z, Social, and Burger King Trademark Injunctions

Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions

In this post, we bring to you 4 trademark cases where injunctions were granted in favour of trademark owners. The cases relate to popular brands such as Nykaa, Social, A to Z, and Burger King. Nykaa Vs. Oykaa for Cosmetics: Delhi High Court grants exparte injunction restraining Oykaa. In a case involving the trademarks Nykaa and Oykaa for cosmetics, healthcare, personal care, and wellness products, the Delhi High Court granted an exparte injunction restraining the use of Oykaa. The Court stated…
January 10, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 469Views 0Like
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Indiamart cannot claim Intermediary Status, says Delhi High Court

Indiamart cannot claim Intermediary Status, says Delhi High Court

Indiamart is prima facie infringing Puma’s trademark, and it cannot claim intermediary safe harbour as its actions do not amount to the requisite due diligence required under the intermediary guidelines, says the Delhi High Court. Continue Reading Indiamart cannot claim Intermediary Status, says Delhi High Court
January 5, 2024 Case Reviews, e-Commerce Law, Intellectual Property, Trademarks 0Comment 558Views 0Like
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Featured Image for the Weekly Roundup : Trademark case updates

Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape. Continue Reading Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023
December 11, 2023 Case Study, Intellectual Property, Trademarks 0Comment 1287Views 0Like
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In-Depth Review of Recent Trademark Judgments by the Delhi High Court: Key Decisions on 'NATURE'S VARIETY', 'Kavach', and 'Oleev Active'

Indian Courts on Trademark Law: Key Decisions Review – Part 8

Explore the Delhi High Court’s latest judgments in trademark law, analyzing the distinctiveness and registrability of ‘NATURE’S VARIETY’, ‘Kavach’, and ‘Oleev Active’, and their impact on Indian intellectual property rights. Continue Reading Indian Courts on Trademark Law: Key Decisions Review – Part 8
December 1, 2023 Case Reviews, Intellectual Property, Trademarks 0Comment 462Views 0Like
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Insightful Analysis of Recent Indian Trademark Court Decisions - Part 7

Insightful Analysis of Recent Indian Trademark Court Decisions – Part 7

Explore Part 7 of our series on Trademarks in the Courtroom, featuring key decisions from Indian courts. Delve into the Bombay and Delhi High Courts’ rulings on ‘I am,’ ‘Smart Cities India,’ and ‘Just Milk’ trademarks, offering valuable insights into India’s evolving trademark jurisprudence. Continue Reading Insightful Analysis of Recent Indian Trademark Court Decisions – Part 7
November 16, 2023 Case Reviews, Intellectual Property 0Comment 349Views 0Like
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Deciphering India's Design Law - Part 2

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 2)

In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and interpretation of design law in the country. These rulings offer clarity for stakeholders and contribute significantly to the evolving legal framework surrounding designs. The claim for infringement not established: No Design Infringement of Hipster Alcohol Bottle Design Alcobrew's bottles do not prima facie infringe the registered 'Hipster' bottle design of Diageo says Delhi Court. While rejecting…
September 25, 2023 Case Reviews, Industrial Designs, Intellectual Property 0Comment 549Views 0Like
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India's Design Law Key Verdicts 2023

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 1)

Kickstarting our series on India's design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection. Adoption of strikingly similar Sonic Nozzle Design prima facie amounts to infringement, says Calcutta High Court. The Calcutta High Court recently granted an interim injunction in favour of Raring Corporation with respect to its registered design pertaining to the sonic nozzle used in dust collection and suppression equipment. The Court stated that the defendant's nozzle is strikingly similar to…
September 21, 2023 Industrial Designs, Intellectual Property 0Comment 606Views 0Like
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